"Most of the 10 D.C. Circuit judges who heard arguments seemed to agree that Flynn’s prosecution on a felony charge of lying to the FBI was likely to be thrown out as a result of the Justice Department’s abrupt decision to drop the case earlier this year. But the en banc court sounded poised to part with a smaller appeals court panel that sided, 2-1, with Flynn in June in his quest to force Sullivan to immediately shut down the case. A clear sign that Flynn was running into trouble on Tuesday came when Judge Thomas Griffith — the sole Republican appointee on the en banc court who had not already ruled in Flynn’s favor — suggested he believed a court rule that the Justice Department seized on to dismiss the case does give judges some role in making sure a case isn’t dropped for an illegitimate, political reason." Federal appeals court skeptical of Michael Flynn's effort to immediately dismiss criminal charge If the charge is to be dropped what's the point of Sullivan and his court continuing? So Sullivan can get him on another charge like perjury? A lawyer's assessment here would be helpful from one of you.